Weekly Digest | August 4, 2024

Key Highlights:

Recent Immigration Case Law
Ireland – International Experience Canada
Interim Measures – First-Generation Limit
Functional Guidance – Temporary Residents
Processing Immigration Medical Exams
British Columbia PNP 2023 Statistical Report and Year in Review
Ontario Connecting Internationally-Trained Jobseekers with Employers in Brampton
Latest Express Entry and PNP Draws

Recent Case Law

Family Class Sponsorship and Humanitarian Grounds: In Nalzaro, 2024 FC 1166, the Federal Court granted the judicial review of a Philippine national’s family class application for permanent residence. The application, supported by humanitarian and compassionate grounds, was initially refused due to the applicant not declaring her son in her previous application. The court found the visa officer’s decision unreasonable, criticizing the failure to adequately consider the best interests of the child and the substantive merits of the humanitarian arguments presented. Read more

Study Permit: In Rezaye Yazdi, 2024 FC 1221, the Federal Court upheld the refusal of a study permit for a 29-year-old Iranian citizen planning to study at Trent University due to concerns over her vague career objectives and insufficient family ties in Iran, suggesting a lack of intent to leave Canada after studies. The court found the visa officer’s reasons—though brief—adequate and reasonable under paragraph 216(1)(b) of the Immigration and Refugee Protection Regulations. Read more

Work Permit Misrepresentation: In Chung, 2024 FC 1218, the Federal Court granted judicial review of a work permit refusal for a Hong Kong citizen under the international mobility program. The refusal, initially based on alleged misrepresentations about the legitimacy of the applicant’s master’s degree from the University of Sunderland, was deemed unreasonable. The court criticized the visa officer’s assessment, highlighting a lack of substantial evidence to support the claim of academic dishonesty, leading to the decision being set aside for reevaluation. Read more

Ireland – International Experience Canada (IEC): Effective July 31, 2024, updated instructions clarify participation limits for Irish citizens under the bilateral agreement: applicants are allowed 2 participations, including up to 24 months in either the Working Holiday or Young Professionals category, and up to 12 months in the International Co-op (Internship) category. Read more

Interim Measures – First-Generation Limit: Effective July 30, 2024, updated instructions address proof of citizenship applications impacted by the first-generation limit to citizenship by descent. These interim measures will remain in effect until further notice. Read more

Functional Guidance – Temporary Residents: Effective July 30, 2024, the table of contents has been updated with links to new instructions for officers: open work permits for H-1B visa holders and their families, optional open work permits for Hong Kong residents, open work permits for Hong Kong recent graduates, and various CUFTA categories (business visitors, investors, intra-corporate transferees, professionals) as well as the Seasonal Agricultural Worker Program (TFWP). Read more

Processing Immigration Medical Exams (IME): Effective July 30, 2024, updated instructions include processing times by the Migration Health Branch (MHB), descriptions of IME status and status reasons, and directions for migration officers on handling non-compliance with IME requirements. Read more

British Columbia PNP 2023 Statistical Report and Year in Review: Released on July 30, 2024, this report includes statistical data on nominations issued, occupations, salaries, countries of origin, and regional distribution of nominees. It also highlights strategic priorities and performance measures. The expanded ‘Year in Review’ section provides an overview of the BC PNP’s 2023 accomplishments. Read more BC PNP Statistical Report 2023: Read more

Ontario Connects Internationally-Trained Jobseekers with Brampton Employers: Announced on July 31, 2024, Ontario is investing over $500,000 through the Skills Development Fund (SDF) Training Stream to support over 1,200 internationally-trained jobseekers in Brampton. The Sri Guru Nanak Sikh Centre will receive $350,000 to provide job-ready training for newcomers, while Dynacare Gamma Laboratory Partnership will receive $200,500 to train medical laboratory technologists. This initiative aims to address the labour shortage and connect workers with high-paying jobs in their communities. Read more

August 30, 2024: Temporary Foreign Worker Program Workforce Solutions Road Map to help employers fill job vacancies in the wake of labour shortages comes to an end. Read more

August 31, 2024: Temporary measures for distance learning and PGWP validity extension conclude. Read more

August 31, 2024: Application deadline for permanent residency under Rural and Northern Immigration Pilot (RNIP), requiring community eligibility, job procurement, and a community recommendation. Read more

September 1, 2024: Changes to the Post-Graduation Work Permit Program include ineligibility for students in curriculum licensing arrangements and eligibility for a three-year work permit for master’s graduates. Read more PDI: Read more